It was ‘contrary to common sense’ to describe the infliction of a sexually transmitted disease as an assault. A prisoner could upon an indictment under the section be convicted of a common assault, because each offence (‘wounding’ and ‘infliucting grievous bodily harm’) ‘necessarily includes an assault’, though the word does not already occur in the section.
Manisty J
(1869) Law Rep 1 CCR 194
Offences Against the Person Act 1861 18 20 47
England and Wales
Cited by:
Cited – Regina v Dica CACD 5-May-2004
Reckless HIV transmission – Grievous Bodily Harm
The defendant appealed against his conviction for inflicting grievous bodily harm. He had HIV/Aids, and was found to have transmitted the disease by intercourse when the victims were not informed of his condition. It was not suggested that any rape . .
Cited – Regina v Clarence CCCR 20-Nov-1888
The defendant knew that he had gonorrhea. He had intercourse with his wife, and infected her. She would not have consented had she known. He appealed his convictions for assault and causing grievous bodily harm.
Held: ‘The question in this . .
Lists of cited by and citing cases may be incomplete.
Updated: 15 October 2021; Ref: scu.196591
